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1971 Supreme(All) 200

B.N.LOKUR
Adarsh Kanya Uchchattar Madhyamik Vidyalaya, Kanpur – Appellant
Versus
The State of U. P. – Respondent


Advocates:
A. Kumar and S.C. Khare, for Petitioner; Standing Counsel, for Respondents.

ORDER :-The petitioner is an educational institution for teaching and training girls for the High School Examination of the Intermediate Education Board. The scheme of Administration made under Section 16-A of the Intermediate Education Act relating to the petitioner institution as approved by the Director, provided in paragraph 20 what is described as "Emergency Provision" as follows:-

(1) When the State Government is of the opinion that circumstances have arisen which have rendered it impossible to carry on properly the administration of the school/college in the normal manner it may appoint an administrator.

Provided that no such Administrator shall be appointed except:

(a) on the recommendation of the Committee, or

(b) on the recommendation of the Director of Education and after allowing the President an opportunity to submit a written explanation against the said recommendation.

(2) Upon such appointment being made the Committee and all the office-bearers shall stand suspended and all their powers and functions shall vest in the Administrator except that he will not have the authority to take loan for or on behalf of the Society or School/ College or to transfer any immovable prope



















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